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Software Development Contract

Software Development Contract Template for Austria

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Key Requirements PROMPT example:

Software Development Contract

"I need a Software Development Contract for a mobile banking app project starting in March 2025, where we'll be hiring an external development company to create our app, with specific focus on data protection, security requirements, and regulatory compliance for the Austrian financial sector."

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Document background
This Software Development Contract is essential for organizations engaging in custom software development projects within the Austrian legal framework. It serves as a legally binding agreement between software developers or development companies and their clients, establishing clear terms for project execution, deliverables, and responsibilities. The contract incorporates provisions compliant with Austrian civil law (ABGB), commercial law (UGB), and EU regulations, particularly GDPR requirements for data protection. It's specifically designed to address modern software development practices while providing comprehensive coverage of intellectual property rights, acceptance testing procedures, warranty terms, and maintenance obligations. This document is crucial for protecting both parties' interests and ensuring clear communication and expectations throughout the development process.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general purpose of the software development project

3. Definitions: Definitions of technical and legal terms used throughout the agreement

4. Scope of Services: Detailed description of the software development services to be provided

5. Project Timeline and Milestones: Development phases, deadlines, and delivery schedule

6. Payment Terms: Pricing, payment schedule, and invoicing requirements

7. Intellectual Property Rights: Ownership and licensing of software, source code, and related materials

8. Acceptance Testing: Procedures for testing deliverables and acceptance criteria

9. Warranties and Representations: Warranties regarding service quality, performance, and compliance with specifications

10. Data Protection and Security: GDPR compliance and data security obligations

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Term and Termination: Duration of agreement and termination provisions

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Source Code Escrow: Optional provisions for source code escrow arrangements, recommended for business-critical applications

2. Maintenance and Support: Post-development maintenance and support terms, if not covered in a separate agreement

3. Change Management: Procedures for handling change requests during development

4. Third-Party Software: Provisions regarding use and licensing of third-party software components

5. Training: Terms for user training and knowledge transfer, if required

6. Service Level Agreement: Specific performance metrics and service levels, if applicable

7. Disaster Recovery: Provisions for backup and recovery procedures, recommended for critical systems

8. Insurance: Specific insurance requirements, recommended for high-value contracts

Suggested Schedules

1. Schedule A - Technical Specifications: Detailed technical requirements and specifications for the software

2. Schedule B - Project Plan: Detailed project timeline, milestones, and deliverables

3. Schedule C - Acceptance Test Criteria: Specific criteria and procedures for acceptance testing

4. Schedule D - Price Schedule: Detailed breakdown of costs and payment milestones

5. Schedule E - Service Levels: Detailed performance metrics and service level requirements

6. Schedule F - Personnel: Key personnel and their roles in the project

7. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

8. Appendix 2 - Security Requirements: Detailed security requirements and protocols

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions












































Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Telecommunications

Public Sector

Professional Services

Energy

Transportation

E-commerce

Media and Entertainment

Insurance

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Software Development

Project Management

Risk and Compliance

Operations

Finance

Information Security

Technical Operations

Quality Assurance

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Project Manager

Software Development Manager

Contract Manager

Chief Information Officer

Software Engineer

Technical Lead

Business Analyst

Legal Operations Manager

Risk Manager

Compliance Officer

Technology Procurement Specialist

IT Contracts Administrator

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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